Transcripción

1 Against a state of exception for human rights in Ceuta and Melilla This evening, the new Ley de Seguridad Ciudadana [Law on Public Security] was approved in the Congreso de los Diputados [the lower house of Parliament] after undergoing its approval procedures in the Senate. This Law, which envisages the restriction of rights and liberties for the entire citizenry, has maintained the Single Transitional provision which introduces a Tenth Additional [Provision] in the Ley de Extranjería [Immigration Law] that was already introduced in earlier parliamentary procedures and merely attempts to safeguard the illegal returns in the Autonomous Cities of Ceuta and Melilla which the interior ministry is carrying out in an increasingly overt manner. The vast majority of groups like us, which work to promote the human rights and rights of foreigners, have been appealing for months to the humanitarianism of the MPs from the Popular [Party] Group in the Congress and Senate. Yet, it appears that our appeal has fallen on deaf ears, like the numerous declarations issued by national and international bodies, jurists and the rest of the political parties that are represented in Parliament, which pointed out that the amendment contravenes various international treaties, community norms, the constitution and the basic principles of our rule of law. The twisted use of our legislative activity has already been accomplished, seeking to place a political decision and an administrative act above the Constitution itself, Community norms and those on human rights. In a nutshell, if the practice of illegal returns that occur in Ceuta and in Melilla is far removed from the Law, we should move the Law closer to this practice. The amendment has undergone certain modifications which have turned out to be more aesthetic than ethical. A reference was introduced stating that this illegal practice whose legalisation is sought, rejection for the purpose of preventing the illegal entry into Spain of those who have crossed the fence, without any administrative procedure whatsoever, nor a right to defence, will be enacted while respecting international human rights and international protection norms, subsequently noting that applications for international protection will be lodged in the places set out for this purpose at the border posts. Will this mean that those who try to enter Spain through other routes than the border crossings, like the fences or boats, will be allowed to apply for asylum in Spain? Will access to these Spanish border points for potential asylum seekers be allowed by the Moroccan police? Will these people be rejected without any normative development of this procedure? Without them having a right to be heard by a judge, to a defence and to legal representation? Without being able to request specific forms of protection which are envisaged by the Law for them? It appears that the interior minister, Mr. Fernández Díaz, has already answered some of these questions, excluding the whole sub-saharan population that seeks to enter our country in an irregular manner from the

2 right to asylum, as if it were a geographical area in which there are no armed conflicts and democratic regimes flourish. Or as if the right to asylum were acquired as a result of the way in which people enter our country. The 150 undersigned social associations have looked into the eyes of these migrants and seen their injuries, traumas and persecutions often, very often. This is why we won t look away and allow our shame for this illegal practice through which our name is being soiled to discourage us. We won t allow the existence in our country of zones of exception for human rights regardless of how hard they try to legalise them. Madrid, 26 March 2015 Further information: José María Trillo Javier Baeza [Translation by Statewatch] The original version of this statement Contra el estado de excepción de los derechos humanos en Ceuta y Melilla is available in Spanish at: Signatory associations: Abierto Hasta el Amanecer Acción Social Sindical Internacionalista Algeciras Acoge Andalucía Acoge APIC (Asociación Pro Inmigrantes de Córdoba) Asamblea Popular Paseo de Extremadura Asociación Alkhaima Asociación APOYO Asociación APROED Asociación ASDECOBA Asociación Bokatas Asociación Catalana de Jueus i Palestins Asociación Cultura Popular Estrella Roja Asociación Cultural Casa Abierta Escorial Asociación Cultural El Despertador Asociación de Abogados Extranjería de Madrid Asociación de Vecinos Lanuza Casco Viejo Asociación de Vecinos Valle-Inclán de Prosperidad Asociación ELIN Asociación Estudiantes Malayerba (FCC UAM) Asociación FERINE Asociación Integrando Asociación La Comuna Presxs del franquismo Asociación La Tavaya Asociación Libre de Abogados Asociación Madres Contra la Represión Asociación Maua. Atención Integral

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